Loading...
HomeMy WebLinkAbout1992-164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-164 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chief of Police of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the California Bureau of Narcotic Enforcement, United States Drug Enforcement Administration, California Highway Patrol, Riverside County Sheriff's Department, San Bernardino County Sheriff's Department, Riverside Police Department, ontario Police Department and the San Bernardino Police Department to continue participation in a Clandestine Laboratory Task Force to investigate and prosecute criminal cases involving illegal manufacturing of controlled substances. A copy of said agreement as amended is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within one hundred twenty (120) days of the passage of this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABORATORY TASK FORCE ... MANUFACTURING OF CONTROLLED SUBSTANCES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a reqular vote, to wit: Council Members AYES NAYS ESTRADA x - REILLY x - HERNANDEZ x - MAUDSLEY x MINOR x - POPE-LUDLAM x - MILLER x - on the 18th day of May meeting thereof, held , 1992, by the following ABSTAIN ABSENI' f?~"~ f)~4~J-- Cl Y Clerk The foregoing resolution is hereby approved this 20th day of May Approved as to form and legal content: JAMES E. PENMAN city Attorney BY: ~-"""'" J. I~ V 1992. -~h0 /~~/ W. R. city of ,..--7 ~ / ,.. ',~ ~ . t'ft. , EXHIBIT A ~ City of S Bdno Res 92-164 adopted 5/18/92 I.. AGREEMENT AMONG CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT UNITED STATES DRUG ENFORCEMENT ADMINISTRATION CALIFORNIA HIGHWAY PATROL RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RIVERSIDE POLICE DEPARTMENT SAN BERNARDINO POLICE DEPARTMENT FOR THE FORMATION OF A CLANDESTINE LABORATORY TASK FORCE ~ , ~. " r THIS AGREEMENT IS MADE AND ENTERED INTO BY AND AMONG THE CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER "CHP"), THE RIVERSIDE COUNTY SHERIFF"S DEPARTMENT (HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER "RPD"), THE SAN BERNARDINO COUNTY SHERIFF"S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD). r WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUNTY GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL WELFARE OF THE CITIZENS WITHIN THIS AREA. WHEREAS. THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR MUTUAL BENEFIT. TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT TASK FORCE. KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE, WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA, - 1 - r r- INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY YILL TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFACTURERS OF ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION, MANUFACTURE. TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING FEDERAL, STATE. MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY ACCUMULATE, ASSIMILATE. AND DISSEMINATE ILLICIT DRUG LABORATORY INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAW ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND r WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT MANUFACTURING; AND NOW, THEREFORE. AND IN CONSIDERATION OF THE MUTUAL PROMISE, CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP YILL, WITH THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES AS DESCRIBED BELOW: - 2 - r r A. GATHER AND REPORT INTELLIGENCE DATA RELATING TO CLANDESTINE LABORATORY OPERATORS; B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE CLANDESTINE LABORATORY OPERATORS; C. CONDUCT ENFORCEMENT OPERATIONS, COVERT AND OVERT, AND ENGAGE IN SUCH OTHER TRADITIONAL METHODS OF INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF CALIFORNIA; r D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEMENT AND PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK FORCE. 2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IN CHARGE OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLUDE THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES HAVING FULL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE. - 3 - r ,~ A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE PURPOSE OF REVIEWING REPORTS RELATIVE TO THE PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK FORCE, AND TO EVALUATE ITS EFFECTIVENESS. B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE. C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK FORCE SHALL REST WITH THE AGENCY PROVIDING THAT RESOURCE. D. ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED TO THE TASK FORCE SHALL ADHERE TO ALL BNE POLICIES AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES, AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY. r E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE (BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION AND PROCEDURE. - 4 - r ( I r, F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE BOARD YILL RESOLVE ANY CONFLICTS THAT MAY ARISE BETWEEN BNE AND DEA LABORATORY MANUALS. J. THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TASK FORCE WILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN (18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BNE AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR ON AN AS NEEDED BASIS. BNE WILL BE RESPONSIBLE FOR THE SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED. FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS FOR PAYMENT OF OVERTIME AND PER DIEM OF ALLIED AGENCY PERSONNEL YHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AN OCEDTF AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO SUPPORT THE TASK FORCE YITH RESOURCES ON HAND, AND TO CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES YITH DEA ON AN ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS, PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT. - 5 - 4. BNE AND DEA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IN SUPPORT OF THE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE PURCHASE OF EVIDENCE AND INFORMATION, INVESTIGATIVE EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK. 5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER, PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANNUAL BASIS, THE COSTS ASSOCIATED WITH MEDICAL MONITORING REQUIRED BY BNE. (' 6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATING AGENCY TO ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY. 7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE PERSONNEL ASSIGNED ARE AS FOLLOWS: - 6 - r, " (~ (' B. r A. BNE SPECIAL AGENT SUPERVISOR A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS RESPONSIBLE FOR OVERALL ADMINISTRATION AND SUPERVISION OF THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE DIRECTION, GUIDANCE, AND TRAINING IN THE CONDUCTING OF ILLICIT LABORATORY INVESTIGATIONS, PREPARATION OF BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATION OF THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION, FEDERAL OR STATE. FOUR (4) BNE SPECIAL AGENTS, ONE (1) DEA SPECIAL AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE (1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER. SWORN SPECIAL AGENTS, DEPUTIES AND OFFICERS ASSIGNED ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE DUTIES NECESSARY, IN ACCORDANCE WITH APPLICABLE AGENCY DIRECTIVES, TO ACCOMPLISH THOSE ENFORCEMENT GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE - 7 - '" '( PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC. PARTICIPATION BY OTHER TASK FORCE MEMBERS ON INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY. C. SUPPORT PERSONNEL (PART-TIME, AS-NEEDED BASIS): ONE (1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR, AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE. D. SECRETARIAL SUPPORT BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. r 8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH BNE FUNDS SHALL BE THE PROPERTY OF BNE AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY, - 8 - r ~ , r r EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE DETERMINATION OF THE EXECUTIVE BOARD. 9. THE TASK FORCE SHALL MAINTAIN, ON A CURRENT BASIS, COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS UNDER THIS AGREEMENT IN ACCORDANCE WITH GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS. INVESTIGATIVE REPORTING wILL BE ACCOMPLISHED USING BNE FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL PARTICIPANTS IN THE TASK FORCE RECEIVE SUFFICIENT TRAINING TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES. - 9 - (-. 10. BNE SHALL PERMIT AND HAVE READILY AVAILABLE FOR EXAMINATION AND AUDITING BY DEA OR THE UNITED STATES DEPARTMENT OF JUSTICE, THE CONTROLLER GENERAL OF THE UNITED STATES, OR ANY OF THEIR DULY AUTHORIZED AGENTS AND REPRESENTATIVES, ANY AND ALL RECORDS, DOCUMENTS, ACCOUNTS, INVOICES, RECEIPTS AND EXPENDITURES RELATING TO DEA FUNDS PURSUANT TO THIS AGREEMENT. IN ADDITION, BNE WILL MAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL AUDITS AND EXAMINATIONS ARE COMPLETED AND RESOLVED, OR FOR A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS AGREEMENT, WHICHEVER IS SOONER. (' 11. ALL PARTICIPATING AGENCIES WILL COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED BY OR PURSUANT TO THE REGULATIONS OF THE DEPARTMENT OF JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT TO TITLE VI, RELATING TO DISCRIMINATION ON THE GROUNDS OF RACE, COLOR, CREED, SEX, AGE, SEXUAL PREFERENCE, OR NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES. 12. THE TERM OF THIS AGREEMENT SHALL BE FROM THE DATE OF EXECUTION, BY BNE, TO EIGHTEEN (18) MONTHS THEREAFTER. PARTICIPATION IN THE TASK FORCE MAY BE TERMINATED BY ANY PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN - 10 - r /._-'. WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR THEREOF. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OF ANY THIRTY (30) DAY NOTICE OF TERMINATION SHALL BE LIQUIDATED BY BNE WITHIN NINETY (90) DAYS THEREOF. IN NO EVENT SHALL BNE INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OF NOTICE OF TERMINATION. 13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS r REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. BNE 25% DEA 12.5% RSD 12.5% RPD 12.5% 6 SPD 12.5% .. SBSD 12.5% CHP 12.5% TOTAL 100% - 11 - r, , I THE ABOVE SCHEDULE WILL BECOME EFFECTIVE ONLY AFTER THE PROCEEDS OF THE FIRST $25,225 IN SEIZED ASSETS HAVE BEEN RECEIVED AND DISTRIBUTED AS FOLLOWS: RSO 25% $ 6,306 SBSD 25% $ 6,306 RPD 25% $ 6,306 SBPD 25% $ 6,306 100% $25,225 THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON THE RECEIPT OF ATTAINMENT OF THE $25,225 FIGURE, AT WHICH TIME THE FORMER SCHEDULE TAKES PRECEDENCE. 14. FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING r-' AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR THE ACTS OF ITS PARTICIPATING OFFICER(S) AND SHALL INCUR ANY LIABILITIES ARISING OUT OF SERVICES AND ACTIVITIES OF THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAM IN THE LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL BE DEEMED TO BE CONTINUING UNDER THE EMPLOYMENT OF THEIR JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES, PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE CONFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN JURISDICTION. - 12 - n City of S Bdno Res 92-164 adopted 5/18/92 ADDENDUM 01/01/92 15. THE TERM OF THIS AGREEMENT SHALL BE FROM JANUARY 1, 1992 TO JUNE 30, 1993, (EIGHTEEN (18) MONTHS). THIS AGREEMENT MAY BE TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S) mm:D ~/i ~.. . Dan~el A. Robb~ns, Ch~ef of Pol~ce City of San Bernardino 5 ~ 2/-1"L Date Approved as to form and legal content: JAMES F. PENMAN City Attorney /1 ~ i J C~l/~ I ... City of S Bdno Res 92-164 adopted 5/18/92 ^ . ADDENDUM TO MEMORANDUM OF UNDERSTANDING ~ ASSET FORFEITURE PROVISION I INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE THIS ADDENDUM, AT THE REQUEST OF THE DRUG ENFORCEMENT ADMINISTRATION, REVISES THE FORMULA FOR THE DISTRIBUTION OF SEIZED ASSETS. EFFECTIVE APRIL 1, 1991, THE DRUG ENFORCEMENT ADMINISTRATION WILL NO LONGER SHARE ON A PERCENTAGE BASIS IN ANY ASSETS DISTRIBUTED TO MEMBER AGENCIES, EXCEPT AS FOLLOWS. 1. IF THE DRUG ENFORCEMENT ADMINISTRATION SHARE (BASED ON 11.3% OF TOTAL ASSETS SEIZED) EQUALS OR EXCEEDS THE SUM OF $10,000.00. 2. WHEN A FEDERAL FORFEITURE IS INITIATED, THE FINAL DISTRIBUTION WILL BE ESTABLISHED BY THE FEDERAL GOVERNMENT UNDER EXISTING POLICY, WITH NO MINIHUM AMOUNTS CONSIDERED. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS EFFECTIVE APTER DISTRIBUTIONS REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE. r- I BNE 20% OPD 13.33% RSD 13.33% RFD 13.33% SBPD 13.33% SBSD 13.33% CHP 13.33% DEA 0.0% (EXCEPT AS STATED ABOVE). TOTAL. 100% *ACTUAL 99.98%; (FIGURES TO BE ROUNDED OFF TO NEAREST DOLLAR) . wJOBN M. Z ()-. U.S. DRUG LOS ANGELES , TER, S EC AGENT IN CHARGE ORCEMENT ADMINISTRATION FIELD DIVISION ;-- 3/ -1 ! DATE r'l , City of S Bdno Res 92-164 adopted 5/18/92 ADDENDUM TO MEMORANDUM OF UNDERSTANDING INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE ADDENDUM TO THE AGREEMENT MADE AND ENTERED INTO BY AND AMONGST THE BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER BNE), THE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER DEA) , THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER RSD), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD) , THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD) , WHEREAS THE PARTIES HERETO HAVE AGREED FOR THEIR MUTUAL BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER TASK FORCE), LOCATED IN THE CITY OF RIVERSIDE, CALIFORNIA, FOR THE PURPOSE OF INVESTIGATING AND PROSECUTING CASES BEFORE THE COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA. WHEREAS, THE ONTARIO POLICE DEPARTMENT (HEREINAFTER OPD) HAS EXPRESSED A DESIRE TO ENTER INTO AN AGREEMENT WITH THE TASK FORCE BY COI~ITTING A FULL-TIME INVESTIGATOR TO THE TASK FORCE FOR THE PURPOSE OF COMBATING THE PROBLEM OF ILLICIT CLANDESTINE LABORATORIES: WHEREAS, ALL MEMBERS OF THE TASK FORCE, THROUGH THEIR DESIGNATED REPRESENTATIVES, HAVE BEEN CONTACTED AND, WHO ARE ALL IN AGREEMENT, THE INCLUSION OF THE OPD TO THE TASK FORCE WOULD BENEFIT THE PURPOSE OF THE TASK FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINE LABORATORIES; AND NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE OPD DOES HEREBY AGREE AS FOLLOWS: ... ADDENDUM PAGE TWO 1. THE OPD WILL ABIDE BY THE AGREEMENTS, MUTUAL PROMISES AND COVENANTS ORIGINALLY ENTERED INTO BY THE BNE, DEA, SBSD, SBPD, RSD, RPD AND THE CHP AS OUTLINED BY THE MEMORANDUM OF UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEMBERS IN DECEMBER, 1988. 2. AS A MEMBER OF THE TASK FORCE, THE OPD, THROUGH A DESIGNATED REPRESENTATIVE, WILL BE A MEMBER OF THE TASK FORCE EXECUTIVE BOARD AND AS SUCH WILL HAVE A VOTE ON THE BOARD. 3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. ADDITIONALLY, THE DISTRIBUTION OF ASSETS BECOMES EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED REPRESENTATIVE OF THE OPD EXECUTES THIS ADDENDUM TO THE MOU. BNE 25% DEA 10.71% RSD 10.71% RPD 10.71% SBPD 10.71% SBSD 10.71% CHP lO.. 71 % OPD 10.71% TOTAL * 100% (* ACTUAL 99.97%; FIGURES TO BE ROUNDED OFF TO NEAREST DOLLAR) ~ ADDENDUM PAGE THREE 4. THE ABOVE SCHEDULE OF DISTRIBUTIONS DOES NOT EFFECT THE DISTRIBUTION OF ASSET FORFEITURE PROCEEDS PREVIOUSLY AGREED UPON BY THE BNE, DEA, CHP, RPD, RSD, SBPD, AND SBSD, AND WHICH IS OUTLINED IN PARAGRAPH 13, PAGES 11 AND 12 OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING (MOU). RSD 25% $ 6,306.00 SBSD 25% $ 6,306.00 RPD 25% $ 6,306.00 SBPD 25% $ 6,306.00 TOTAL 100% $25,225.00 THIS SCHEDULE IS A ONE TIME COMMITMENT AND IS VOID UPON THE RECEIPT OF ATTAINMENT OF THE $25,225.00 FIGURE, AT WHICH TIME THE FORMER SCHEDULE TAKES PRECEDENCE. 5. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF THIS ADDENDUM, ON OR ABOUT APRIL 3, 1989, TO EIGHTEEN (18) MONTHS THEREAFTER. 6. ALL OTHER AGREEMENTS, MUTUAL PROMISES, COVENANTS AS SPECIFIED IN THE TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED IN PARAGRAPHS ONE (1) THROUGH 14 SHALL REMAIN IN FULL FORCE AND EFFECT AND WILL BE ADHERED TO BY THE OPD. 7. THE TERM OF THIS AGREEMENT SHALL BE FROM APRIL 3, 1989, TO SEPTEMBER 2, 1990 (EIGHTEEN [18] MONTHS). THIS AGREEMENT MAY BE TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. " ADDENDUM PAGE FOUR THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING ON TilE RESPECTIVE DATE(S) INDICATED BELOW. /C?:~ Lowell T. Stark, Chief of Police Ontario Police Department .y- /Y.~? Date